Minnesota Chemical Dependency Ass'n v. Minneapolis Commission on Civil Rights

310 N.W.2d 497, 29 Fair Empl. Prac. Cas. (BNA) 723, 1981 Minn. LEXIS 1434, 30 Empl. Prac. Dec. (CCH) 33,223
CourtSupreme Court of Minnesota
DecidedSeptember 25, 1981
DocketNo. 51639
StatusPublished

This text of 310 N.W.2d 497 (Minnesota Chemical Dependency Ass'n v. Minneapolis Commission on Civil Rights) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minnesota Chemical Dependency Ass'n v. Minneapolis Commission on Civil Rights, 310 N.W.2d 497, 29 Fair Empl. Prac. Cas. (BNA) 723, 1981 Minn. LEXIS 1434, 30 Empl. Prac. Dec. (CCH) 33,223 (Mich. 1981).

Opinion

AMDAHL, Justice.

Petitioner Minnesota Chemical Dependency Association (hereinafter MCDA) appeals from an order of the district court affirming the decision of the Minneapolis Commission on Civil Rights (hereinafter commission). The commission concluded that complainant Timothy Campbell was discriminated against on the basis of affec-tional preference in employment. Because we find that the commission’s conclusion was unsupported by substantial evidence, we reverse.

Complainant applied for the positions of Programs Coordinator and Employment Clearinghouse Coordinator with MCDA.1 He submitted a resume and was asked to [499]*499come in for an interview. The interview was conducted by Jack Longie, Executive Secretary for MCDA, and Dagney Chris-tiansen, a member of MCDA’s Steering Committee.2 Both interviewers knew that complainant was gay and an active member of MCDA’s Gay and Lesbian Section and Legal-Legislative Committee.3

During the interview, complainant was asked a number of so-called “objective” questions that all interviewees were asked. In addition, however, complainant was questioned as follows:

(1) “Why do you want the job?”
(2) “We have so many things going on at one time that our work becomes strictly routine * * *. Would you have trouble fitting into this kind of setting? Someone with your energies?”
(3) “Would you be able to work on this job without doing your thing predominantly? In other words there is very little * * * individual counseling in this job or there’s very little opportunity to promote a cause because there are so many multiple causes.”
(4) “Y.our main objective, which is what?”
(5) “The one thing that bothers me about it is. this, that in this position, this position that’s available, it seems to be that although you have special interests or anyone that took this position would have some special interests, that this job requires someone else to carry the ball of those special interests.”
(6) “Where do you see MCDA going in the long run?”

Although other applicants were asked questions in addition to the “objective” questions, none of the additional questions asked of complainant were asked of the others.

Following the initial interviews, at least twelve applicants were ranked as high as or higher than complainant. Six people were called back for a second interview, including Elizabeth Robbins; complainant, however, was not in this group.4 Ms. Robbins was ultimately hired for the position.

The director of the Minneapolis Department of Civil Rights found that there was no reason to believe that discrimination had occurred. A review panel, however, remanded the matter to the director for the taking of additional evidence. Once again, the director found no probable cause. A second review panel reversed the director’s no probable cause finding and set the matter for a hearing.

Hearings were held before a three-member panel of the commission. The commission concluded that the unique questions asked of complainant evidenced unequal treatment based on complainant’s affectional preference. It found that complainant was “as qualified” as Ms. Robbins in most areas and more knowledgeable in other areas such as chemical dependency counseling. Complainant was awarded back pay, punitive damages, and attorney’s fees. MCDA appealed to district court, which affirmed the decision of the commission.

On appeal to this court, MCDA contends that the decision of the commission that complainant was discriminated against on the basis of affectional preference is unsupported by substantial evidence.

This court may conduct an independent examination of the commission’s [500]*500decision without according special deference to the same review conducted by the district court. See Amdahl v. County of Fillmore, 258 N.W.2d 869, 874 (Minn.1977); Reserve Mining Co. v. Herbst, 256 N.W.2d 808, 824 (Minn.1977). If the record, when considered in its entirety does not contain substantial evidence supporting an administrative decision, the commission’s ruling must be reversed. Minn.Stat. § 15.0425, subd. e (1980). See Quinn Distributing Co. v. Quast Transfer, Inc., 288 Minn. 442, 446, 181 N.W.2d 696, 699 (1970).

In actions involving alleged employment discrimination, an applicant must first establish a prima facie case by raising an inference of discrimination. Once the inference is raised, the burden shifts to the prospective employer to rebut it by showing a legitimate, nondiscriminatory purpose. Kaster v. Independent School District No. 625, 284 N.W.2d 362, 365 (Minn.1979). If the nondiscriminatory justification given by the employer is merely a pretext, the employer may be found liable in spite of the justification. The applicant, however, must carry the ultimate burden of persuasion to show, by a preponderance of the evidence, that the reasons offered by the employer are only a pretext for discrimination. Danz v. Jones, 263 N.W.2d 395, 399 (1978).

We acknowledged in Raster that it was reasonable, and in some instances necessary, for an employer to use subjective processes to make difficult employment decisions. 284 N.W.2d at 365-66. Objective criteria alone do not always.reveal whether an applicant possesses the ability to handle difficult responsibilities. Furthermore, an employer commonly accepts a number of applications for a position and then selects the most qualified individual. Thus, the rejection of an applicant, although he is a member of a protected class, is not, without more, sufficient to shift the burden to the employer. Id. at 365.

MCDA’s position is that the dialogue regarding complainant’s gay rights activism was not discriminatory but was, instead, open and constructive. MCDA states that the interview questions were addressed to whether complainant’s activism would prevent him from devoting his time and effort to all sections of the MCDA. The commission asserts, however, that the “unique” questions asked complainant evidenced unequal treatment based on complainant’s af-fectional preference. It contends that these questions indicate that MCDA used an apparently neutral interviewing process to accomplish a discriminatory result.

Although some of the interview questions did focus on complainant’s position as an advocate for special interest groups, his extensive involvement in outside activities was a legitimate source of concern for the selection committee. When advised that the programs director would have to remain neutral, complainant emphasized his sensitivity and commitment to special interest groups. He indicated that, in his opinion, neutrality might unfairly suppress these interests and that he would resign if MCDA decisions were insensitive to them.

In addition, complainant was not reluctant to discuss his activism.

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Related

Reserve Mining Co. v. Herbst
256 N.W.2d 808 (Supreme Court of Minnesota, 1977)
Quinn Distributing Company v. Quast Transfer, Inc.
181 N.W.2d 696 (Supreme Court of Minnesota, 1970)
Amdahl v. County of Fillmore
258 N.W.2d 869 (Supreme Court of Minnesota, 1977)
Danz v. Jones
263 N.W.2d 395 (Supreme Court of Minnesota, 1978)
Raster v. Independent School District No. 625
284 N.W.2d 362 (Supreme Court of Minnesota, 1979)

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310 N.W.2d 497, 29 Fair Empl. Prac. Cas. (BNA) 723, 1981 Minn. LEXIS 1434, 30 Empl. Prac. Dec. (CCH) 33,223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnesota-chemical-dependency-assn-v-minneapolis-commission-on-civil-minn-1981.